In an application under Section 482 Cr.P.C. to quash non-bailable warrants issued in a Gangster Act case, the court stayed coercive action for 15 days and directed the applicant to move the trial court to set aside the impugned order.
No coercive action against applicant for 15 days; directed to move trial court to set aside impugned order.
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Neutral Citation No. - 2024:AHC:116473
Court No. - 80
Case :- APPLICATION U/S 482 No. - 19128 of 2024
Applicant :- Ishwar Dayal Sahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
directed that in case the applicant appears and moves appropriate application before the trial Court for setting aside the impugned order, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicants move an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicants.
Order Date :- 22.7.2024 Prajapati
(Justice Vinod Diwakar)
Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. seeking quashing of non-bailable warrants due to absence from trial court should be allowed.
Whether the accused is entitled from coercive action for a period of 15 days to appear before the trial court to set aside the impugned order.
1 provisions across 1 enactments
Ishwar Dayal Sahu
State of U.P.
Vinod Diwakar
Ramkesh Prajapati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
